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Duty, Breach, Deterrence: The NCAA’s Legacy of Immortalizing Competitive Glory Over The Well-Being of The Student-Athletes It Aims to Protect
Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom of Expression with the Implementation of Florida’s Stop Woke Act and Don’t Say Gay Bill
Florida’s Individual Freedom Act (IFA) and Education Equality Act (EEA), better known as the Stop Woke Act and the Don’t Say Gay bill, respectively, are contentious topics in the United States today. One side argues that parents have the ultimate right to choose what their child learns and how a teacher should deliver that instruction while believing that lessons that address systemic racism divide children and make them feel uncomfortable. The other side argues that our students will be unprepared when they graduate high school to contribute to our multi-racial society and will suffer from a limited worldview. From the national news coverage about Florida’s refusal to include AP African American Studies as a course offered in high schools to the pictures of elementary school classroom libraries being covered up with rolls of blue paper, Florida has become the center of a national discussion about the role our teachers play in educating our young, the restraints which parents and school boards wish to place on the ideas expressed, and the way content is presented in the classroom
Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds for Making Legal Determinations?
Tyrannical HOAs and How to Reign in Their Foreclosure Power and Further Protect Homeowners
A Conflict in the Courts: An Update on School Restroom Policies
Over the past ten years, courts have been asked to weigh in on whether students’ rights are violated when school policies prohibit them from using restrooms that align with their gender identities. In the vast majority of legal cases, courts have rendered decisions favorable for the student. In December 2022, however, the Eleventh Circuit Court of Appeals ruled that a school district’s policy prohibiting transgender students from using a restroom that matched their gender identity did not violate Title IX of the Education Amendments of 1972 nor the Equal Protection Clause of the Fourteenth Amendment. The Eleventh Circuit’s en banc decision contradicts other federal circuit courts that have examined this issue. It has created a circuit split, potentially inviting U.S. Supreme Court review, if the student-plaintiff appeals.
This article first identifies and briefly examines several of the court decisions that have addressed this issue. The article then discusses how a 2020 U.S. Supreme Court’s decision aligns with the topic, and how the U.S. Department of Education has interpreted Title IX as it relates to this issue. This article concludes with an analysis of the Eleventh Circuit’s recent decision, and discusses the decision’s implications for students in K-12 public schools. The findings should be helpful to policy makers, lawyers, school officials, students, families, and scholars as this is the first article to highlight the evolution most of the litigation in this area